April 2, 2011

Legal analysts [a.k.a.Prof. Rick Esenberg] say [sic] it's preposterous for a judge to enjoin publication of a law before it has even taken effect, as citizens don't have standing to challenge a law until they are subject to it.

This subchapter shall be enforced in the name and on behalf of the state by the attorney general or, upon the verified complaint of any person, by the district attorney of any county wherein a violation may occur.

Here's some more of the law according to which Fund (who afaik has no credentials in the law) thinks citizens don't have standing to sue:

In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business. Wis. Stat. § 19.81(1)

None more lofty.

In conformance with article IV, section 10, of the constitution, which states that the doors of each house shall remain open, except when the public welfare requires secrecy, it is declared to be the intent of the legislature to comply to the fullest extent with this subchapter. Wis. Stat. § 19.81(3)

Fundamentally right-eous.

This subchapter shall be liberally construed to achieve the purposes set forth in this section ... Wis. Stat. § 19.81(4)

I will concede Fund this much: He understands "liberally construed" so well that the very mention makes his ileocecal sphincter pucker.

This is not mere legislative process; this is legislative substance.

Back to the Fun(d):

The case will ultimately be decided by the state Supreme Court. That's why unions and liberal groups are now pouring millions into TV ads to try to oust Justice David Prosser—a member of the court's 4-to-3 conservative majority—in an election next Tuesday.

Irrelevant. Prosser's term expires July 31. Does John Fund seriously believe it will take the court until then to dispose of this case (if it even accepts certification)? Heck, it took me about 15 minutes.

Besides, conservative groups are pouring even more out for Prosser.

Liberal groups are doing all they can to politicize this judicial race. An American Federation of Teachers local has sent a letter to its members asserting that "a Kloppenburg victory would swing the balance (on the court) to our side. ... " It is time, the letter says, "to get even."

Boo hoo.

Don't look at me, I've been seriously skeptical of popularly electing Supreme Court justices at least since Wednesday, April 2, 2008. But the AFT is exactly right about swinging the balance, and there are a number of still-lingering offenses that cry out for getting even with.